Page:The Laws and Acts of Parliament of Scotland.djvu/807

ASls ofTarliament, &c. ^Annexation of the Earldom, LordiTiip, and Lands of Go-wrie, and Scoone, to rheCrown, nottobe Annailzied there from, without advice of Parliament, tor great, and feen caufes firft to be advifed , and eoniidered by the Eftates , but with feveral exceptions contained in the Aft. Jam. 6. par. 16. cap. 2. Aft of Annexation , Ratifying all former Afts of Annexation , fpecially the Aft 7am. 2. pat- 1 1. cap. 41. And annexing de novo all therein annexed : Attour an- nexing the Supenoritie of all Lands, and others pertaining to any Abbacy, Prio- rie, or other Benefice whatfoevet, erected before or after the Aft of Annexation, 1587 with the whole Few-mails , and Rents thereof, to abide with the Crown for ever. Refeiving to the Titulars of Erection who have fubfcribed the Surrender, the Rents of the faids Superiorities ay till they receive payment of the fum of a thoufand Merks , for each Chaldei of Few- term, and ane hundreth Merks of Few-mails, for each hundreth Merks worth , of all other conftantRent, not be- ing naked fervice of Vaflals, as alio their property , and propet Lands , to be hol- den ofhisMajeftie, for the dewties contained in their old Infettments, before the faid Aft of Annexation , and all deeds preceeding the date, and in prejudice hereofare Declared null. And the Afts Jam. 6. par. rj. cap. 233, 234. 236,243. (all above) ate fpecially Ratified, refcinding all deeds in the contrary : Excepting ahvayes from this Aft ', all Lands, Superiorities, and Others, pertaining to Arch- bithops, Biifiops, and their Chaptets, Car. i.par. 1. cap. 10. And this Aft Ratified , and the Superiority of all Lands , and others belonging to the faids Benefices, whereof the prefentation belonged to his Majefty and I're- deceflbrs , and erefted as faid is , of new annexed ; And all Gifts and Grants made by his Majeftx , 01 his farther , fince the Surrender 1627, whereby the profits of the ("aids Superiorities wete, or may be conferred , to any. except the proper Vaf- fals thereof,are Declared to be null.referving the Few-dewties to the ferlons having right thereto , utfupra; AndrefervingtotheEarlof Lauderdale his Iufeftment or the Lordfhip , and Regality of Muffelbrugh , and the Lotds of Exchequer, and all others ate difcharged the palling of any of the faids Rights , and Grants , here- by Declared nul,excepc Infeftments in favouts of the Lords of Erection, ay and will they be redeemed.and with the whole remanent exceptions contained in the faid former Aft- Declariugnererthelefs, that any who have got or lhall get, new In- feftments of Superiority of Kirk-lands, the fame ifiall (land good as to fucli Vaf- fals, who have given their confent to the faids Rights: Becaule the faid content is of the nature or a Refignation of property, in their favours, butptejudice to his Majefty of his Right of Reverfion , and of the Few-dewties, and Cifualities, confotm to the Aft , 1633. Car.2.par. 1. SeHi. cap. <i. Special Ratification of that part of the Aft of ^Annexation i s 87 , annexing the Right and Ttiviledge of Re- gality , belonging to any Abbacy , Priory, or other Benefice to the Crown, De- claring that the Airs of Vaflals itiall be entred by Breives forth of his Majeure's Chancellary , Ditefted to the Magiftrats of the Btughs of the faids Regalities, and farther all tight gtanted be his Majefty , his Father . or Grand- Mother of any of the iaids Regalities, isRefcinded. andtheright thereof is Declared to appertain to his Majefty, andhisSucceflbrs, withoutiefpeft to any Exception contained in the laid Aft of .Annexation; Referving alwayes to heritable Bailies, and Stewatts of the faids Regalities , the Rights granted to them by the Beneficed Perfons, pre- ceeding the Ereftions. And this Aft extendsnot to any Right of Regality per- taining to Archbifliops , andBifhops, nor yet to the Infeftment of the Barron y of Brugbtoun, granted to the Eatl of toxbrugb, in the year 1630. Car. 1. par. 1. cap- 13. Aft Ratifying former Annexations, and the decreet Reduftive againft the Earl otMorttwi, of the Earldom of Orkney, and Lordlhip of Zetland, and of new an- nexing the fame to the Crown : As alfo excepting them from all General Afts of DiiTolution, and that no right to be granted theteof , for hereafter without the Advice and Decreet of Parliament upon mature deliberation, and expreiiing the particular caufes fiift given theteanenl. As alfo the Aft fupprefles the Office of Shirteff-ihip , and Few-drie thetcin, and erefts them in a Stewattry , not to be given hetetablie to any Perfon , without Advice and Confent forefaid , without prejudice to the Biihop of Orkney, of his Patrimonie , and of his Majeure's Vaflals, in the faidslfles of their Priviledge of lending Commiffioners to Parliament, Caj,2, par. 2. Sell i.eap. 13. ANNUAL-RENT, See Ufurie. All Annual- rents of Victual, or Silver, foldintiine bygone, and redeemable, may be redeemed, by payment of the principal, in the reverfion and by-run An- nuelsthereof, at Tender cent, notwithstanding of fecurity given for greater An- nuel!, Jam. 6. p. 12. cap- t3s. After Denunciation to the horn , the fums denunced for , bear Annual-rent un- till the payment , albeitthcrewasnopaftionmadefor Annual-rent, aud the Aft is extended to all that they flood denounced, quoad futura, from the term of Martimefs thereafter, Ja. 6. par. 23. cap. 20. 4. Auguft r62i. ^Annual-rent reduced from ten to eight per cent,Sc that none take more under the pain of ufurie, but the Execution of the Aftfufpended for three years, after the date , m refpeft two of the ten f tr cent , in that fpace granted to his Majefty. C». 1. par. 1. cap. 21. dated, 28 June 1633- ^4»nKd/-renfReducedtoSex per cent , andthefame declared to be free of all Retention, and other publick Burdens, Car. 2. par. i.Seff. i.cap.49. ANNUITY of 40000. pounds Sterling to the King. ^48 for railing this Annuity to his Majefl"' yearly during his life, extending in Scot s money , t04Soooo.poundsyeatly ; Whereof 96000. pounds Scots or 8000 pounds Sterling to be railed yearly by an Excife, upon the Coale, and Salt, and foitaign Commodities, fpecified in the Aft, and theremander being 384000. pounds Scots, or 3 2000. pounds Stetling , to be raifed by an Excile upon the Bear, andAile, Aquavite, and Strong Waters , flrowen, and fold in the Coun- trey , at the rate in the Aft, ( See it in Excife , ) For which end it is proportioned among the Shires , and Burghs. And it is ordained, that what the laid Excife in each of them lhall fall fhort of their quota, befupphedby the Heretors in lieu of the Malt Srowen in their own Houfes, according to the rule of the Valuations as fettled before Auguft, 1 660. And Commiflioners are appointed for each Shire, and Burgh, with full power to Colleft the faid Excife, poind, and quarrer, there- fore, and doe all things els neceflary. And they are declared to be oblidged to 'pay in the fame at four terms in the year, begining the firft at Lambmefs, i66r. And the Council is impowered to name new Commiilionets , in the place of any deceafand, ordifabled. Item the excrefce of the Excife of the Inland Salt, and fortaigneCommodttes, if anyihallbe, isappoyntedtobeapplyed for releife of ^ny Shire, orSurgh, overburdened, ordifproportionedintheir quota fet down in'the Aft, Car. 2. par. 1. Seff 1. cap. 14. „4nno J661. But the proportions here fet down on Shires , and Burghs , are again Rectified. Car. 2. par. 1. SellT. 3. cap. 25. This Annuity continued for five years after his Majeltie's deceafe. Car. 2. par. 3. cap. 3 ■ See it in Excife. ANNUITY of Teinds. ^iff Ratifying the Aft of the Commiflion of Teinds the 29- of May, 1627/ Giving to his Majefty , and his Succeflbrs an Annuity out of the Teinds-, except the Teiud payedto Silhops , in the ftatc wherein the fame is prefenthe payable, and the Teinds payed to Mimfters, Colledges, Hofpitals, and pious ufes, that is of every Tcind boil of the bell wheat 10. Jbitiingt, of the bcftBeai 8. fallings , of 5 the heft Oats, Meale, Feafe, and Rye, 6.fl,iWngs: And where the Oats render but halt Meal , 3 . flnllings : And where the Viftual is worfe , thacthe Annuity diminiin proportionally . and where the Teind Parfonage or Vicarage conlifts in money mat the Annuny be 6. per cent , with the reft of the Afts of the faid Commif- lion let down in the Aft. And it is declared , that this Annuity ', is not an- nexed to the Crown , but left to his Majeltie's free difpofe. Car. :. par. 1 cap. 15. . • r APPAREL Ordinarie. That none wear Silk or Coafthe Furring, Except Knights and Lords, of two hundreth Merks yearlie , and their eldeit Sons , without licence of the King and that none other wear Broiderie , Pearle , or Bullion. Jam. 1. par. 9 cap. 119. J r *- .Another regulation of Apparel, and that no Women come to Kirk, orMercat, with her face muflclled under the pain of efcheat of the Courchie, Jam. 2. par. 1 4 cap. 70. J .- . - . That none weare Silk, except Knights , Miniftrels, andHeraulds, andfuchai naye one hundreth pouuds worth of Land-rent, under the pain of efcheat of the Silk, and of Twenue pounds to the King, Jam. 3. par. 6. cap 46. Aft and particular regulation about wearing Apparel, wherein Two Thoufand Merks, ind Fifty Chalder of Viftual per annum, are eqmparat. Jam. 6. par. 7. r A . n °' he 1 rAarc g" 1 «ing Apparel, wherein go Chalders Viftual, and Sex Thou- lana Merks per Annum, or made equivalent, Jam. 6. pat. 23. cap. 25. ~4nno 1621 Another Aft anent Apparel, Car. 2. par. 2. SelTs-cap. 10. ^ww 1672 andRe- «ihed,Car. 2. par. 2. Sell: 4. cap. 3. But all their Afts are Innove.t by the Aft of Trade, Car. 2. par. 3 . cap. 1 2. See it in Trade. APPAREL Solemne. The manner of Arraiments for the Parliament , and for Fore-fpeakers Jam. 2. par. ir. cap. 47. Ratified, and that the King make the paterns, Iain. 2. par. 14. cap. 68. ,J ■. That Magifttats of Burghs, and their Commiffioners to Parliaments , weate at Parliaments, and other Solemne times luch decent Apparel as his Majefty lhaH prelcnbe: And the Parliament refets to the King, to appoint the habits of the i?4-i,j ' and all other Inferiour Judges, as alfo of all Criminal, andEc- clelia tick Judges, and of all Advocats, and others living by praftife of Law. Item that all Mimfters wearblack, and all Prelates grave and decent Appatel : And farther, that what order his Majefty (hall prefcribe for the Apparel of Kirk-men agreeaoletotheirftate, and moyen , being fent to the Cletk Regifter, lhall be by him inlert in the Books of Parliament , to have the ftrcngth of an Aft thereof, thatlettets may be direft thereupon, chatging the Perfons concerned , to provide within Foutty dayes , and weare, andufe, the faid Apparel , at the times , and in the manner, as his Highnefs lhall appoynt. Jam. 6. par. 20. cap. 8. Item this power astothe Apparel of Kirk-men, is declared to remain wilh King Charles , and his Succeflors, Car. 1 . par. 1 . cap. 3 ■ fee it in Kjng. ARBITER and OVERS-MAN. The way of appoynting an Overf-man for Submiflions then depending , and that thereafter all Arbiters bechofenofan odd, and not of an even number, other- waves the Sub million to be voyd, Jam. 1. par. 6. cap. 8 S. ARCHER. That all men busk themfelves to be Archers, fra they be Twelf jreats of age, and that in ilk ten pound Land, there be Bow-marks, Jam. 1. par. i.eap. 18. A R M I E , See Hoft. ARMOUR, or Harnefs. ' That all Merchants bring home Harnefs. and Armour. Jam. 1. par.3. cap. 47.' fee Weapon-JJiauiings. That ilk man ofao pounds Rent, or 100 pounds of eftare be horfed, and haill Hamefled, and other fimpler, as in the Aft, Jam. 1. par. 9. cap. 120. And that Zeamen be graithed for wear asthe Aft, Ibid. cap. 121. And that the Barron, and in this default the Sherifffee his men fo boden , under the paines fet down in the Aft. Ibid cap. 122. and Jam. 3 . par. 6 . cap . 45 . ThatilkBurgefsof Fiftiepounds be armed as a Gentleman , and the mean- er fort as in the Aft, under the painsiherein fet down. Jam. 1. par. 9. cap. t2j. And how men fhould be hamefled, Jam. 2. par. 13. cap. j6. Jam. 3. p. ri.caD. 8r. and Jam. 5. p. 6. cap. 87, and 8 8. ARRESTMENT, and breacking , and fou- ling thereof. Probation of all Arreftmcnts made by Crowrmrs, andSerjands, To be bywit- nefs, Jam. 3. p. 7. c.53 That the Lords proceed fummarlie in Actions for breach of Arreftmenr , to put them to a poynt, without Intermiflion : And the breakers to be punilhed by efcheat of moveables, and their Perfens to be in the Kings will, and that their efcheat be burdered with the payment of the Arrefterj Debt, his expenfs highly taxed, and with a fum to be modified by the Lords of Seffion for his damage, in the firft place. Jam. 6. p. 7. cap. n8. That all Bilsfor louliugof Arreftments, paft by the Lords of Seflion, be pad upon caution, to be found in their Books : And that the Clerk receave rhe faid caution, before lie give out the Bill; and all loufing of Aitsftments otherwayes made, to be null, Jam. 6. p. 22. cap. 17. All lums of money addebted be bonds, or other Perfonal oblidgements where- upon no Infeftment hath followed , are declared arteftable , and that without changing the natureof the fums, astothe Air or any pretending right to them as heretable, and alfo but prejudice to Creditors to Comprifle, rather then Arreft, if theyfochoofe, Car. 2. p. 1. Self. 1. cap. 51. For what Debts Surgeflesof Burghs Royal may arreft ftrangers, Car. 2. p. 2. Seffs.cap. 8. where Magiftratsof Burghs of Regality are ptohibit to arreft any for Debts, but allenathe their own Burgefles. Seethe Aftin Burghs. ARTICLES, See Parliament. The A R T I C L E S of Perth AlTembly . Thefc Five Articles concluded in that Aflembly , Ratified, i. That the Sacra- mentof the Lotds Supper, becelebratby the People on their knees. 2. Thatitbe ptivathe Adminftrat to Perfons on death bed, Three or Four being prefent to Communicat viththem, and a place convenient, and all things neceflary de- centhe provided. 3. That Bapafme when great need lhall compel, be admini- ftrat in privat houfes, and declaration made thereof the next Lords day in the Congregation. 4. ThatMinifters Catechize all young Children of eight yeaisof age , and that the Biftops in their vifitations, caufe prefent them to them . and blefs them with players. And 5 , That the dayes of our Lords Birth, Paffion, Re- furreftion, and Afcenfion ; and fending down of the Holy Ghoft, beobfervedby the Mimfters, Commemoration of thefe in eftimable fienefites. Which Atticles S are